On February 28, 2023, the U.S. District Court for the Central District of Illinois granted a defendant-employer’s motion to dismiss a SOX whistleblower retaliation claim, holding that the plaintiff failed to adequately plead that he engaged in protected activity because his alleged attempt to raise safety concerns did not plausibly
Ohio District Court Grants Employer Summary Judgment on SOX Whistleblower Claims
On February 15, 2023, the U.S. District Court for the Southern District of Ohio granted a defendant-employer’s motion for summary judgment on SOX whistleblower retaliation claims, holding that the plaintiff failed to establish the elements of a SOX claim, and that the company demonstrated that it would have discharged her
OSHA Implements Pilot Program to Streamline Complaint Intake Process
OSHA’s new nationwide year-long pilot program that took effect on February 17, 2023, will aim to streamline the whistleblower complaint intake process.
OSHA, which administers over two dozen whistleblower statutes, has seen a rising number of whistleblower complaints filed in recent years. This pilot program aims to relieve the strain
Third Circuit Affirms Dismissal of Untimely SOX Whistleblower Claims
On January 4, the Third Circuit affirmed the dismissal of a former bank executive’s whistleblower retaliation claims, holding that two procedural errors doomed his case: he sued before exhausting his administrative remedies; and then he belatedly filed an administrative complaint after the statute of limitations had run. Jaludi v. Citigroup
DC Circuit: SOX’s Anti-Retaliation Provision Does Not Apply Extraterritorially
As we previously reported, on February 13, 2020, an Administrative Law Judge (ALJ) of the Department of Labor (DOL) dismissed a former in-house attorney’s whistleblower claims because he worked entirely outside of the United States. On December 23, 2022, the D.C. Circuit unanimously affirmed, holding that SOX’s anti-retaliation provision
Pennsylvania District Court Grants Employer Summary Judgment on Whistleblower Retaliation Claims
On December 6, 2022, the U.S. District Court for the Eastern District of Pennsylvania granted a defendant-employer’s motion for summary judgment on whistleblower retaliation claims brought under SOX and the Consumer Financial Protection Act of 2010 (“CFPA”). It held that the plaintiff could not prove that her alleged complaints of
AML Whistleblower Improvement Act Signed Into Law
On December 7, 2022, the U.S. Senate voted unanimously to expand whistleblower incentives and strengthen whistleblower protections by passing the Anti-Money Laundering Whistleblower Improvement Act.
The bill bolsters the anti-money laundering whistleblower program by adding support for whistleblowers who report violations of U.S. sanctions laws, guaranteeing that whistleblowers will
Third Circuit: Whistleblowers Are Not Shielded From Discipline for Misconduct
On August 26, 2022, the Third Circuit affirmed a grant of summary judgment in favor of an employer, holding that whistleblower retaliation protections in the False Claims Act did not protect an employee from being discharged for harassing a co-worker. Crosbie v. Highmark Inc., et al., No. 21-1641.
Background
SEC Releases FY 2022 Whistleblower Annual Report
On November 15, 2022, the SEC’s Office of the Whistleblower (OWB) released its annual report to Congress covering the period from October 1, 2021 to September 30, 2022. The report highlights a record-breaking year for the SEC’s whistleblower bounty program in certain respects, explains factors that can increase or decrease
SEC Announces $20 Million Award to Whistleblower
On November 28, 2022, the SEC announced an award of $20 million to a whistleblower who provided new and critical information that contributed to a successful enforcement action. (The order granting the award can be accessed here.) The SEC noted that in determining the appropriate award amount, it considered